Citation Nr: 0825887
Decision Date: 08/01/08 Archive Date: 08/13/08
DOCKET NO. 06-38 617 ) DATE
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Waco, Texas
THE ISSUE
Entitlement to non-service-connected pension benefits.
REPRESENTATION
Appellant represented by: Texas Veterans Commission
ATTORNEY FOR THE BOARD
Nancy S. Kettelle, Counsel
INTRODUCTION
The veteran had active service from June 1956 to June 1958.
This matter comes to the Board of Veterans' Appeals (Board)
on appeal from an April 2006 decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.
The RO denied entitlement to non-service-connected pension,
and the veteran's disagreement with that decision led to this
appeal.
FINDING OF FACT
On May 12, 2008, prior to the promulgation of a decision in
the appeal, the Board received notice from the veteran that a
withdrawal of this appeal is requested.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal by the
veteran have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5)
(West 2002); 38 C.F.R. §§ 20.202, 20.204 (2007).
REASONS AND BASES FOR FINDING AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
that fails to allege specific error of fact or law in the
determination being appealed. A Substantive Appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. § 20.202 (2007). Withdrawal may be
made by the veteran or by his or her authorized
representative. 38 C.F.R. § 20.204 (2007). The veteran has
withdrawn this appeal and, hence, there remain no allegations
of errors of fact or law for appellate consideration.
Accordingly, the Board does not have jurisdiction to review
the appeal, and it is dismissed.
ORDER
The appeal is dismissed.
JAMES L. MARCH
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs